Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,764 case citations
Before: Mullins P
The Court of Appeal dismissed the appellant’s challenge to his rape convictions. He argued that, because he represented himself, the trial judge should have told him to question two witnesses about alleged admissions or apologies. The Court accepted that judges must ensure self-represented accused receive a fair trial, but said the necessary assistance depends on the circumstances. Here, the appellant had shown that he understood how to test witnesses’ evidence, had put his denial of the offending to the complainant, and the judge had limited knowledge of the appellant’s position on the detailed evidence. The Court considered that prompting cross-examination about the alleged apology could improperly influence a forensic choice. It also noted that the grandmother did not support the alleged conversations, and that the rules applying to defence counsel’s presentation of a client’s case did not operate in the same way for an accused who could choose not to give evidence. The Court found no miscarriage of justice.
Before: Gething J
Before: Members P, Chairperson P
Before: Member Rinaudo AM
Before: Bellew J
Before: Mr J
Before: Gill J
Before: Presidential Member J
Before: Raper J
Before: Jagot J
Before: Woronczak JR
Before: Mr P
Before: Gordon J, Gleeson J
Before: Bellew J